Nature of the Case
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Facts
The FBI maintained surveillance of premises suspected of being an illegal gambling operation. The parties were caught and convicted, and Merrell (D) was one of them. The evidence against D was that he served coffee to bettors and after the sessions, he stacked the tables and chairs, swept the floor, cleaned the ashtrays, and straightened things up. D was convicted of conducting an illegal gambling business but acquitted of conspiracy. D appealed. The court of appeals affirmed holding that any act, duty, or function that is necessary or helpful in operating the enterprise created liability.
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